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Compton Mandal (Service)     31 October 2019

Enquiry of junior officer without any complaint

Can a Cnetral Govt Senior Officer start a enquiry of his junior subordinate officer without any complaint from any outsider or other govt official, mere on the basis of personnel grievance ? What action/steps the junior officer can take up for such enquiry vide which without any proof, the junior officer has been given warning letter to be cautious for future ?


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 3 Replies

Sb Karma   01 November 2019

Originally posted by : Compton Mandal
Can a Cnetral Govt Senior Officer start a enquiry of his junior subordinate officer without any complaint from any outsider or other govt official, mere on the basis of personnel grievance ? What action/steps the junior officer can take up for such enquiry vide which without any proof, the junior officer has been given warning letter to be cautious for future ?

Yes he can....

but only in office profile related,not more than that.If he go further in personal you can go to area/zonal head but with proper evidence only(*otherwise they will deem you guilty)

Dr. Atul [9013898936] (Lawyer, Scholar)     01 November 2019

You shouldn't try to muzzle the enquiry. The Court will most likely not support you in that. At this stage, make sure that you approach the situation wisely with possible future litigation mind. If you are called upon to give any explanation or justification for any action, demand that such questions are put to you in writing. Communicate  absolutely everything with the vengeful senior in writing with an acknowledgment and receiving stamp. If he avoids acknowpedgment, send them through registered post, save copies of letters, consignment receipt and delivery report (just make a file and save them). If vague accusations are made, seek clarity on the accusation made and seek time to make a reply after accusation (in writing) has been clarifed. If personal oral hearing is not given, demand a hearing by writing a letter. If insufficient time is given to you for responding to allegations, seek more time and sufficient time. If making responses to allegations is interfering with your work, write to superiors and the enquiring officer.

Dr. Atul [9013898936] (Lawyer, Scholar)     02 November 2019

You shouldn't try to muzzle the enquiry. The Court will most likely not support you in that. At this stage, make sure that you approach the situation wisely with possible future litigation mind. If you are called upon to give any explanation or justification for any action, demand that such questions are put to you in writing. Communicate  absolutely everything with the vengeful senior in writing with an acknowledgment and receiving stamp. If he avoids acknowpedgment, send them through registered post, save copies of letters, consignment receipt and delivery report (just make a file and save them). If vague accusations are made, seek clarity on the accusation made and seek time to make a reply after accusation (in writing) has been clarifed. If personal oral hearing is not given, demand a hearing by writing a letter. If insufficient time is given to you for responding to allegations, seek more time and sufficient time. If making responses to allegations is interfering with your work, write to superiors and the enquiring officer.

Wisely acting at this stage today will go a long way in supporting you tomorrow in Court if any mala fide action is taken against you. Also, if you can afford it, engage a lawyer to draft your replies even though you should send the replies at this stage under your signature only and not through a counsel. Carefully responding to allegations now will make or break the proceedings for future.


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